Appealing a Denied Workers' Comp Claim in Montana

Most benefit disputes must first go to a Department of Labor and Industry mediator, after the worker makes a specific written demand and allows the insurer 15 working days to respond. If mediation does not resolve it, a petition to the Workers' Compensation Court must be filed within 2 years after benefits are denied. A final decision of the Workers' Compensation Judge is appealed directly to the Montana Supreme Court in the manner used for civil appeals from district court. Uninsured Employers' Fund disputes have shorter limits: 90 days to mediation, then 60 days after the mediator's report to petition the court.

Most benefit disputes must first go through the Department's free, confidential, nonbinding mediation. Before petitioning for mediation, the worker must give the insurer a specific written demand and allow 15 working days for a written response. If mediation does not resolve the dispute, the mediator issues a written recommendation and either party may petition the Workers' Compensation Court, which must be done within 2 years after benefits are denied. Decisions of the Workers' Compensation Court can be appealed to the Montana Supreme Court.

A written claim, signed by the worker or the worker's representative, must be presented to the employer, the insurer or the Department within 12 months after the accident. The insurer may extend this by up to 24 more months if the worker shows lack of knowledge of the disability, a latent injury or equitable estoppel. For an occupational disease, the claim is due within 1 year after the worker knew or should have known the condition resulted from an occupational disease. A petition to the Workers' Compensation Court must be filed within 2 years after benefits are denied.